Waiver Of Divorce Lawsuit Indicates Forgiveness Of Previous Defects
2nd Civil Chamber
Principal Number: 2015/26643
Decision Number: 2016/2356
“Case Law Text”
COURT : Family Court
TYPE OF CASE : Divorce
At the end of the trial of the case between the parties, the judgement given by the local court, dated and numbered above, was appealed by the plaintiff man, and the documents were read and discussed accordingly:
1- Since the plaintiff man declared that he waived his statement regarding the appeal of the divorce decision with his petition dated 26.12.2014, it was necessary to decide to reject the appeal request regarding this issue due to waiver.
2- As for the examination of the appellate objections of the plaintiff man other than divorce;
a-According to the writings in the file, the evidence on which the decision is based and the reasons in accordance with the law and especially the appreciation of the evidence, the appellate objections of the plaintiff man other than the scope of the following sub-paragraph are unwarranted.
b-It is understood from the collected evidence that the defendant woman filed for divorce on 11.07.2012 at the Körfez Civil Court of First Instance with the file numbered 2012/512 and the woman waived this case on 09.04.2013. In this case, it should be accepted that the faults arising from the husband before the date of waiver are forgiven or at least tolerated. Events that are forgiven or met with tolerance cannot be made a reason for divorce.
In the events that caused the divorce, the defendant woman, who did not take the plaintiff man home and took his salary, is fully at fault, and poverty alimony and material and moral compensation cannot be granted in favour of the fully at fault spouse. While this is the case, it is not correct to accept the plaintiff man as fully at fault and to award poverty alimony and material and moral compensation for the benefit of the defendant woman, although the conditions are not met, depending on this erroneous fault determination, and it required a reversal.
CONCLUSION:
It was unanimously decided that the appealed judgement be DISMISSED for the reason shown in subparagraph 2/b above, the parts subject to appeal outside the scope of the reversal be APPROVED for the reason shown in subparagraph 2/a above, the plaintiff man’s request for appeal regarding the accepted divorce case be rejected for the reason shown in subparagraph 1 above, the advance appeal fee be returned to the depositor if requested, and the way of decision correction be open within 15 days from the notification of this decision. 12.02.2016 (Friday)
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